A discrimination lawsuit filed by an individual in a protected class who alleges adverse employment action may proceed even though the individual’s replacement is a person in the same protected class
Suppose P, a person in a protected class, alleges that an adverse employment action—such as discharge, failure to hire, demotion, or failure to promote—resulted from, for example, age, disability, gender, national origin, pregnancy, racial or religious bias.
Election Code changes affect Illinois employers
2006 is an election year in Illinois and two recent changes in the Illinois Election Code will make it easier for workers to perform their civic duty. Both changes became effective on August 22, 2005.
Employee destroys computer files and violates Computer Fraud and Abuse Act
In International Airport Centers, L.L.C., et al., v. Jacob Citrin, 440 F.3d 418 (7th Cir. 2006), Citrin was employed to identify properties that IAC might want to acquire, and to assist in any later acquisitions. IAC provided Citrin a laptop to use to record data that he collected in the course of his work.
Employee dress and grooming policies
Recently, the full Ninth Circuit Court of Appeals, often considered a fairly liberal Court, rejected a plaintiff’s claim that the employer’s requirement that she wear makeup constituted sex discrimination.
Mandatory arbitration clauses in employee manuals
A recent National Labor Relations Board (the “Board”) decision suggests that employers should review materials that they have distributed to their employees concerning mandatory arbitration.
New VESSA rules announced
The Victim’s Economic Security and Safety Act (“VESSA”) allows for up to 12 weeks for unpaid leave in a 12-month period to allow employees or household members who are the victims of domestic or sexual violence to take time off to pursue such matters as court hearings, counseling, relocating, and seeking medical or legal services to insure the victim’s safety.
NLRB decides successorship issues
In Planned Building Services, Inc., 347 NLRB No. 64, the National Labor Relations Board (“Board”) considered what it describes as two significant issues: (1) the appropriate analytical framework to be applied in determining whether an alleged successor employer has unlawfully refused to hire its predecessor’s employees to avoid a bargaining obligation; and (2) the appropriate make-whole remedy when a successor employer discriminatorily denies employment to its predecessor’s employees and violates its duty to bargain by unilaterally setting initial terms and conditions of employment.
NLRB issues major ruling on supervisory status
In a major decision just issued, Oakwood Healthcare, the National Labor Relations Board (the “Board”) clarified the guidelines for determining whether an individual is a supervisor under the National Labor Relations Act (the “Act”).
Union violated labor law by photographing employees
Randell Warehouse of Arizona, Inc., 347 NLRB No. 56 (“Randell II”), presented the issue of whether a union’s unexplained photographing of employees while union representatives distributed campaign literature to them prior to an election constituted objectionable conduct.